Markwest New Mexico, L. L. C.

Second Revised Volume No. 1

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Effective Date: 08/01/2008, Docket: RP08-409-000, Status: Effective

Original Sheet No. 11 Original Sheet No. 11 2.3 Transporter may refuse to render service hereunder if and for so long as Shipper is in default under its Firm Transportation Agreement or the GT&C. 2.4 Transporter will receive at the Receipt Point(s) for Shipper's account for transportation hereunder daily quantities of Gas up to Shipper's Transportation Quantity. Such Transportation Quantity shall be specified in Shipper's Firm Transportation Agreement. Transporter will deliver for Shipper's account, at the Delivery Point(s) listed, MMBtus equivalent to the amount of MMBtus received by Transporter at the Receipt Point(s). 2.5 Transporter shall not be obligated to add any facilities or to expand the capacity of its pipeline system in any manner in order to provide transportation service to Shipper pursuant to this Rate Schedule.3. RATES AND CHARGES 3.1 The applicable maximum and minimum Recourse Rates for service hereunder are set forth in the currently effective Statement of Rates and Charges of this Tariff, and are incorporated herein by reference. 3.2 Unless Transporter and Shipper agree in writing to a discounted rate or a Negotiated Rate for service provided hereunder, the rates applicable to Shipper for service hereunder shall be the maximum Recourse Rates as set forth on the effective Statement of Rates and Charges. In negotiating rates with a Shipper, Transporter will negotiate rates in a manner that is not unduly discriminatory and that treats similarly situated shippers alike. 3.3 Effective as of the date of commencement of service, as provided for in the Firm Transportation Agreement, Transporter shall charge and Shipper shall pay for Transportation under this Rate Schedule each Month, or part thereof, if applicable, the sum of the following: